Military Medical Malpractice

Active Duty Members Can Now File Claims for Military Medical Malpractice

If military medical malpractice has caused injury or death to you or a loved who was/is on active duty, a new law permits you to file a claim for damages caused by that malpractice.

How Does the Military Medical Malpractice Law Work?

Athough medical malpractice occurs just as often in our military hospitals as it does elsewhere, prior to June 2021, a law called the Feres Doctrine prevented Servicemembers on active duty from filing any type of claim for compensation for these types of injuries. However, Congress recently passed a law permitting active duty servicemembers to file a claim with the Department of Defense for these types of injuries. It is important to note that these claims are not “lawsuits.” You will not be required to endure the enormous delay and oft-times emotional cost of suing.  Instead, it’s a claim process, much like a household goods claim process. You submit a package showing the injuries and justification for the damages you believe you should receive, and your claim is reviewed by a panel appointed by the Department of Defense.  If they approve your claim, they will pay you directly (a substantiated claim under $100,000 will be paid directly to the member or his/her estate by DoD but claims higher than that are reviewed and paid by the Treasury Department.

How Long Do I Have to File a Claim?

Active duty Servicemembers must file your claim within two years after the claim accrues.

What Types of Claims Are Payable?

Basically, any injury or death that was the result of military medical malpractice in a Military Hospital. Military medical malpractice that occurs on a ship, in the field, in deployed environments, etc. would not qualify (military hospitals overseas DO qualify). Additionally, only claims that would be covered by other US Government plans (e.g. military medical retirement, VA disability, etc.) are not covered. You may seek damages for “non-economic” reasons such as past and future conscious pain and suffering, physical disfigurement, and loss of enjoyment of life.

How Do I File a Claim?

First, GET AN EXPERIENCED MILITARY ATTORNEY to help! The claim process can be complex, especially the requirement that you “prove” malpractice. An experienced military attorney can collect the necessary medical records, from the corresponding military records, ensure that your claim is thoroughly researched, all damages are accounted for and “monetized” (meaning calculated for the maximum amount of compensation available), and that your malpractice claim is supported by solid evidence and medical opinions. Calculation of economic damages, which are one component of a potential damages award, is the subject of § 45.9. Elements of economic damages in personal injury claims are past expenses, including medical, hospital and related expenses actually incurred, and future medical expenses. Also covered are lost earnings, loss of earning capacity, and compensation paid to a person for essential household services and activities of daily living that the member can no longer provide for himself or herself.

What if My Claim is Denied

If your initial claim is denied, you can appeal.  In that appeal, you need to explain why you disagree with the denial but may not submit additional information in support of the claim unless requested to do so by DoD. You only have 60 days from the date of your initial claim decision to appeal so there is little time to waste. Appeals are decided by an Appeals Board of not fewer than three and no more than five DoD officials designated by the Defense Health Agency  and/or the Military Departments who are experienced in medical malpractice claims adjudication. The Appeals Board decision is final.  You may seek further appeals in federal court.

At King Military Law, We’re Here to Help

We have relationships with nearly every kind of medical professional, from mental health to OBGYN, to Surgeons, all of whom are ready to provide a consultation to help determine the likelihood of a successful claim. Whether you need to appeal a claim, you’re ready to file a claim, or you are just thinking about it and have a few questions—we’d be honored to help.  We’re a veteran owned law firm with over thirty years of military legal experience.  Call us today for a free consultation.

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Leslie PuikLeslie Puik
01:03 07 May 23
There aren't enough words of high praise to express our appreciation for Don King of King Military Law. He and his very qualified staff Kasheta and Angela took care of our needs like we were their only clients. They are all highly professional, superb communicators, responsive, and thorough. They are caring, compassionate and patiently listen to and address every concern as though they were helping one of their family members. Don excels at helping others understand the processes of the law. He educates his clients so that they can navigate toward the best possible solution and outcome. We will be forever grateful for the entire team's effort to help our family through the most challenging time of our lives.I highly recommend King Military Law.
john puikjohn puik
11:57 05 May 23
Don fought hard for our son with passion and experience.My wife and I can't say enough good things about our experience with King Military Law. Don is an excellent communicator, patiently explaining every aspect of the case, keeping us informed throughout the process. It was obvious to us that his experience in the military law system was the most important benefit of our decision to hire him. The staff, Kasheta and Angela were incredible. Emails were returned promptly. All questions were answered without delay. I always felt like we were their only client. We were truly blessed to have found Don and his staff to help us with this matter.
Dakota GrammerDakota Grammer
21:49 09 Mar 23
Let me begin by saying Mr. King has saved my life. I hired Mr. King for defense in a Court Martial case. His entire team worked tirelessly to create a solid defense for me. They would even just have conversations with me to make sure my mental health was okay throughout the whole process, making sure I know my resources incase I needed help. Because of Mr. King and his team I got an amazing plea that would not have been possible without him. I would recommend anyone to Mr. King and his team. Thank you all again for everything you have done for me and helping me still have a life after such a stressful event!
06:14 28 Feb 23
I felt so hopeless until I found Don. The way that most of us service members aren’t entirely educated on our rights. Is appalling. What I was accused of is supposed to be a career killer. Something as simple as licking my finger tips while handling cash could’ve cost me everything. Don and LT Bassani both work in tandem in away that was so symbiotic you could’ve sworn they’ve worked together for decades. And a special and well deserved shoutout to Angela and Kasheta. They walked me through the process and practically held my hand the entire way. Not only that but they made myself and my witnesses feel comfortable. When it’s all said and done. This is the team you want on your side.
Kyp RidenhourKyp Ridenhour
19:05 05 Dec 22
Don King is as exceptional as his resume would have you believe. His knowledge of legal proceedings, and litigating skills were far above what I had even expected. His assistance was worth every penny. I could not have been happier with choosing King Military Law. Don and his team helped me through every part of the legal procedure that I was dealing with and if it had not been for his team I would not have been able to continue my career in the United States Marine Corps. Mr. King and his team were always able to help me and I would not ever recommend anyone else for help in a military law situation as Mr. King has more experience in military law and litigating than any prosecutor that the United States government would put up against you. His team will help you fight back any false charges and I would happily trust him and his team in any situation. My brother is a lawyer and he told me I was very lucky to find such an experienced lawyer to help me. Please reach out to KingMilitaryLaw for help if you are ever in need.
01:46 17 Nov 22
I had a great experience working with King Military Law. They are excellent when it comes to communication and understanding the law. I would truly recommend them to anyone who needs assistance on any legal issues.
Siddharth SwaminathanSiddharth Swaminathan
14:41 09 Nov 22
Simply put Don, Kasheta and the rest of king military law are amazing. They are worth every dollar and Don truly cares about each of one of his clients. He will work night and day for and there is no one better than Don in this business. I was facing a board of inquiry for a situation that had gotten so far out of hand. Don pointed out so many flaws in my case and stopped my situation before it made it to a BOI. I cant thank Don enough. I called Don over 20 times a day. He always answered my phone calls, was patient and was with me every step of the way keeping me calm and grounded. My only regret is I didnt call Don immediately at the first sign of trouble.
Pusha 392Pusha 392
01:17 03 Nov 22
Was in an overwhelming situation with the Navy, reached out for a consultation with Mr King, he explained potential outcomes and path that could be taken. I felt comfortable hiring him and his team. Mr Don and his are knowledgeable, effective, efficient and very understanding. Because of their help I’m able to continue my time in the Navy. Big shout to Angela Schlosser and Kasheta De La Garza, who work and assist Mr Don King
greg Meagreg Mea
04:22 12 Oct 22
I can’t recommend King Military Law enough ! I felt like I wasn’t just a case but an actual person. They were professional yet compassionate every step of the way. Answered every question with kindness and honesty. They are completely transparent an filled with knowledge . Which i think is what everyone should look for when thinking about hiring an attorney. They truly have your best interest at heart.
Gabe CarothersGabe Carothers
03:05 30 Jul 22
King military law truly cares, and will be by your side every single step of the way. If you are even thinking of calling them. Do It. They are true professionals who care. Thank you king military law.

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